MAC.APP. 1141/2013

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$~

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on : 31.08.2022

Pronounced on: 20.09.2022

+

MAC.APP. 1141/2013 and C.M. No. 20555/2022 (for

summoning of witness)

SH GOVIND LAL WADHWA

..... Appellant

Through:

Mr. Manish Maini, Advocate.

versus

MOHD MOHSIM & ORS

..... Respondents

Through:

Ms. Archana Gaur, Advocate for

R-3/Insurance Company.

CORAM:

HON’BLE MR. JUSTICE GAURANG KANTH

J U D G M E N T

GAURANG KANTH, J.

1. This appeal has been filed by the Appellant to modify the

compensation awarded on certain accounts by the MACT Judge vide

the judgment dated 05.08.2013 (hereinafter referred to as the

“Impugned Award”) in Suit No. 419/13/08 titled as Sh. Govind Lal

Wadhwa Vs. Mohd. Mohsin & Ors. whereby the Appellant was

awarded an amount of Rs. 4,66,561/- as compensation with interest

@9% per annum, from the date of filing of the suit, i.e. 02.01.2008, till

the payment is made by respondent No.3/Insurance Company within

30 days from the date of the Impugned Award alongwith accrued

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003841

MAC.APP. 1141/2013

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interest with the right to the respondent No.3/Insurance Company to

recover the same jointly from the respondent Nos. 1 and 2.

2.The facts germane to the present appeal as noted by the Tribunal are as

follows:

Vihar, U/s. 279/338 IPC.”

3.Consequently, the Appellant was admitted to Dr. Baba Saheb

Ambedker Hospital, Rohini, Delhi, where necessary treatment was

given to him from 28.11.2007 to 29.11.2007. Later he got admitted to

Maharaja Agrasen Hospital and remained there from 29.11.2007 to

06.12.2007, 16.03.2009 to 19.03.2009 and 10.11.2009 to 16.11.2009.

It is pertinent to mention here that on account of the accident, the

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003841

MAC.APP. 1141/2013

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Appellant sustained various injuries such as a) Compound

Comminuted Fracture Shaft; b) Inter lock nailing condylar region right

femur; c) Fracture Radius Right; d) Fracture Ulna Right; e) Fracture

Femur treated with ORIF; f) Fracture ulna treated fixation dual plate;

g) Fracture radius treated fixation dual plate; h) Multiple Lacerated

wounds i) Profusely bleeding; j) Abrasions and Blunt Injuries all over

the body. The Appellant was issued a Temporary Disability Certificate

by Dr. Baba Saheb Ambedkar Hospital stating 62% Temporary

Disability with respect to his right lower limb and was further advised

re-assessment after a period of one year.

4.Subsequently, the Appellant preferred an application under Sections

166 and 144 of the Motor Vehicles Act, 1988 (hereinafter referred to

as the “Act”) praying for compensation of Rs. 15,00,000/- (Fifteen

Lacs only) on various counts @12 % per annum from the date of filing

the claim petition till its realization before the Motor Accidents Claims

Tribunal, Delhi (“hereinafter referred to as “MACT”). It is pertinent to

note that the appellant claimed that he was 50 years and was self-

employed and was working as a lubricant supplier. It was further the

claim of the appellant that his monthly income was Rs. 8,000/- per

month.

5.Written Statement was filed on behalf of respondent Nos.1 and 2

separately wherein they denied all the allegations of the Appellant and

further stated that they have been falsely implicated in this case. A

separate written statement was also filed on behalf of respondent

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003841

MAC.APP. 1141/2013

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No.3/Insurance Company wherein it denied all allegations made by the

Appellant and tried to evade its liabilities.

6.In support of the claim petition, the Appellant has examined 8

witnesses. The Appellant and the Injured/Gopi Chand Gupta were

examined as PW1 and PW2 respectively. Shri Surender Singh, the

Record Clerk from Dr. Ra